He was selected on January 8, 2007 by President George W. Bush to replace outgoing White House Counsel Harriet Miers.[9]

Fielding has reportedly maintained close ties to Vice PresidentDick Cheney, whom he has known for decades and occasionally served as an informal adviser. However, according to Time magazine in July 2009, Fielding opposed Cheney's request that President Bush issue a full pardon to convicted vice presidential aide Scooter Libby. Following Fielding's advice, Bush ended up not pardoning Libby. J. Michael Luttig, a former federal judge who worked with Fielding in the Reagan Administration and remains close to Fielding, said: "He has a firm, clear view of executive prerogative, but he also understands as well as anyone in Washington the constitutional need for compromise. He is not someone that takes an absolutist position and then drives the presidency and the branches together off the brink. He has judgment." [10]

Fielding was responsible for approving the pardon issued by President Bush to convicted real estate fraudster Isaac Toussie. When the New York Daily News reported that Toussie had made large contributions to the Republican Party, the White House revoked the pardon the next day.